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PVL2601
EXAM PACK
UNICALCULUS
JUNE 2015
SECTION A
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1 2
2 3
3 2
4 1
5 2
6 4
7 3
8 2
9 1
10 1
11 3
12 1
13 3
14 3
15 2
SECTION B
1. A putative marriage is when, at the time of the conclusion of the marriage, there is a defect
which renders it void, but one or both of the spouses were unaware of this defect. However, it
has some of the consequences of a valid civil marriage for as long as at least one of the parties
is bona fide. The court cannot declare a putative marriage valid.
As Mr and Mrs Green were married without an ante nuptial contract and Mrs Green was only
the bona fide party, the marriage will be treated as having been in community of property or
rather as having been a universal partnership if this is to the advantage of the bona fide party
(Mrs Green).
However, in terms of the decision in Zulu v Zulu, these rules do not apply if the putative
marriage was concluded while either of the parties was a spouse in an existing, valid civil
marriage in community of property. In such an event, the pre-existence of the valid civil
marriage in community of property makes the creation of the joint estate between the parties to
the putative marriage impossible, as all of the assets of the party who is a spouse in the valid
civil marriage fall into the joint estate which exists between him and his spouse in the valid civil
marriage. The only claim that the applicant could have against the estate of the deceased is a
claim for damaged and is therefore all that Mrs Green will be able to claim from Mr Green’s
deceased estate.
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QUESTION 2
The accrual in Mr Lerumo’s estate is calculated as follows:
Net value on dissolution R100 000
Minus net commencement value -R 0
Minus assets excluded from the accrual:
Donation -R30 000 -R30 000
Accrual R70 000
(Damages in the amount of R6 000 for loss of income and R14 000 for damages to motor
vehicle (½) are NOT EXCLUDED because they are damages for patrimonial loss.
The accrual in Mrs Lerumo’s estate is calculated as follows:
Net value on dissolution R90 000
Minus net commencement value
as adapted by the CPI
(R15 000 x 2) -R30 000
Minus assets excluded from the accrual:
Assets substituted for excluded assets -R20 000 -R20 000
Accrual R40 000
Because Mrs Lerumo’s estate shows the smaller accrual, she has a claim against Mr
Sithole’s estate.
Mrs Lerumo’s accrual claim = ½(R70 000 – R40 000)
= ½(R30 000)
Mrs Lerumo is therefore entitled to R15 000.
Question 3
a) The irretrievable breakdown of the marriage as contemplated in section 4 of the Divorce Act 70
of 1979.
b) A redistribution order is applicable to marriages out of community of property without the accrual
system (with complete separation of property) concluded before 1 November 1984 or before the
coming into operation of the Marriage and Matrimonial Property Law Amendment Act (on 2
December 1988) where the spouses did not enter into an agreement concerning the division of
their assets.
c) Tammy will be entitled to rehabilitative maintenance the parties. Rehabilitative maintenance is
awarded only for a limited period, during which women with an earning capacity must be trained
or retrained to take up paid employment or increase their participation in such employment. The
courts also increasingly expect of women who are engaged in only limited paid employment to
increase their participation in such employment after divorce, and grant them only rehabilitative
maintenance.
In Kroon v Kroon it was held that the facts of each case will determine whether or not
rehabilitative maintenance should be awarded.
PVL2601
EXAM PACK
UNICALCULUS
JUNE 2015
SECTION A
, www.unicalculus.co.za
1 2
2 3
3 2
4 1
5 2
6 4
7 3
8 2
9 1
10 1
11 3
12 1
13 3
14 3
15 2
SECTION B
1. A putative marriage is when, at the time of the conclusion of the marriage, there is a defect
which renders it void, but one or both of the spouses were unaware of this defect. However, it
has some of the consequences of a valid civil marriage for as long as at least one of the parties
is bona fide. The court cannot declare a putative marriage valid.
As Mr and Mrs Green were married without an ante nuptial contract and Mrs Green was only
the bona fide party, the marriage will be treated as having been in community of property or
rather as having been a universal partnership if this is to the advantage of the bona fide party
(Mrs Green).
However, in terms of the decision in Zulu v Zulu, these rules do not apply if the putative
marriage was concluded while either of the parties was a spouse in an existing, valid civil
marriage in community of property. In such an event, the pre-existence of the valid civil
marriage in community of property makes the creation of the joint estate between the parties to
the putative marriage impossible, as all of the assets of the party who is a spouse in the valid
civil marriage fall into the joint estate which exists between him and his spouse in the valid civil
marriage. The only claim that the applicant could have against the estate of the deceased is a
claim for damaged and is therefore all that Mrs Green will be able to claim from Mr Green’s
deceased estate.
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QUESTION 2
The accrual in Mr Lerumo’s estate is calculated as follows:
Net value on dissolution R100 000
Minus net commencement value -R 0
Minus assets excluded from the accrual:
Donation -R30 000 -R30 000
Accrual R70 000
(Damages in the amount of R6 000 for loss of income and R14 000 for damages to motor
vehicle (½) are NOT EXCLUDED because they are damages for patrimonial loss.
The accrual in Mrs Lerumo’s estate is calculated as follows:
Net value on dissolution R90 000
Minus net commencement value
as adapted by the CPI
(R15 000 x 2) -R30 000
Minus assets excluded from the accrual:
Assets substituted for excluded assets -R20 000 -R20 000
Accrual R40 000
Because Mrs Lerumo’s estate shows the smaller accrual, she has a claim against Mr
Sithole’s estate.
Mrs Lerumo’s accrual claim = ½(R70 000 – R40 000)
= ½(R30 000)
Mrs Lerumo is therefore entitled to R15 000.
Question 3
a) The irretrievable breakdown of the marriage as contemplated in section 4 of the Divorce Act 70
of 1979.
b) A redistribution order is applicable to marriages out of community of property without the accrual
system (with complete separation of property) concluded before 1 November 1984 or before the
coming into operation of the Marriage and Matrimonial Property Law Amendment Act (on 2
December 1988) where the spouses did not enter into an agreement concerning the division of
their assets.
c) Tammy will be entitled to rehabilitative maintenance the parties. Rehabilitative maintenance is
awarded only for a limited period, during which women with an earning capacity must be trained
or retrained to take up paid employment or increase their participation in such employment. The
courts also increasingly expect of women who are engaged in only limited paid employment to
increase their participation in such employment after divorce, and grant them only rehabilitative
maintenance.
In Kroon v Kroon it was held that the facts of each case will determine whether or not
rehabilitative maintenance should be awarded.
